- (a) The administrative hearing officer shall preside over all adjudicatory hearings.
(b)
- (1) The administrative hearing officer shall be subject to disqualification from any adjudicatory hearing for bias, prejudice, interest, or any other cause provided by law, or for any cause for which a judge may be disqualified.
- (2) Any party of record may petition for the disqualification of the administrative hearing officer promptly after receipt of notice indicating that the individual will serve or upon discovering facts establishing grounds for disqualification.
- (3) If disqualified, the Arkansas Pollution Control and Ecology Commission shall designate an alternative hearing officer to preside over the adjudicatory hearing.
(c) The administrative hearing officer may exercise the following powers in adjudicatory proceedings:
- (1) To set the time and place of preliminary hearings and adjudicatory hearings;
- (2) Administer oaths and affirmations;
- (3) Delegate authority to the commission secretary to sign orders on his or her behalf;
- (4) Issue subpoenas;
- (5) Hold conferences to encourage settlement or simplification of issues;
- (6) Conduct preliminary hearings and adjudicatory hearings;
- (7) Rule on interlocutory motions, evidentiary matters, discovery, and objections;
- (8) Maintain order;
- (9) Oversee all other matters necessary to promote the just and efficient administration of these hearings;
- (10) Make recommendations to the commission on dispositive motions and on a request for hearing of a permitting decision in accordance with 8 CAR § 11-613;
- (11) Prepare and transmit a recommended decision to the commission; and
- (12) Conduct, on the commission’s behalf, public hearings involving rulemaking.